HC Deb 16 October 1975 vol 897 cc1658-60

Lords amendment: No. 80, in page 66, line 23, leave out from beginning to "section" in line 24, and insert "3.—(1)".

Mr. Fraser

I beg to move, That this House doth disagree with the Lords in the said amendment.

Mr. Deputy Speaker

With this it will be convenient to take Lords Amendment No. 81.

Mr. Fraser

I intend at the appropriate time to move the amendment on the Order Paper in lieu of Lords Amendments Nos. 80 and 81. The Government's substitute amendment will have the effect of leaving the substantial intention of the Lords amendments in the Bill. It is intended that in future the Equal Pay Act should apply to terms of employment relating to marriage in the same way as it applies to other terms of employment. However, it is also intended that, where an employer has an obligation to pay a marriage gratuity to a female employee under a contract made before the Sex Discrimination Act received Royal Assent, he can honour that obligation without incurring a similar obligation in respect of male employees.

The intention of the other House was that the amendments should allow this policy to be implemented without allowing other forms of sex discrimination in matters related to marriage, which are contained in existing contracts of employment, to be excluded from the provisions of the Act. Unfortunately, owing to a subsequent amendment made in another place, these amendments are now technically defective. The Government amendment will secure the intention of the Lords amendments whilst removing the defect therein contained.

Question put and agreed to.

Question put and agreed to.

Subsequent Lords amendment disagreed to.

Amendment made to the Bill in lieu of Lords Amendments Nos. 80 and 81:In page 66, line 23, leave out paragraph 3 and insert— '3.—(1) Section 6 of the Equal Pay Act 1970 (as amended by paragraph 3 of Schedule 1 to this Act) shall apply as if the references to death or retirement in subsection (1A)(b) of the said section 6 included references to sums payable on marriage in pursuance of a contract of employment made before the passing of this Act, or the commutation, at any time, of the right to such sums. (2) In relation to service within section 1(8) of the said Act of 1970 (service of the Crown) for the reference in this paragraph to a contract of employment made before the passing of this Act there shall be substituted a reference to terms of service entered into before the passing of this Act.'—[Mr. John Fraser.]

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